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FOI full exemptions guidance

Section 37 - Communications with Her Majesty, with other Members of the Royal Household, and the Conferring by the Crown of any Honour or Dignity

Introduction Part 1: 01 | 02 | 03 | 04 Part 2: 01 | 02 | 03 | 04 Annexes: annex A

Chapter 01: The exemption under section 37 - General Points

1.1 The FOI Act does not apply directly to the Royal Household, as the Royal Household is not included in the Act's definition of a public authority (Section 3 and Schedule 1). The exemption is about information which is in the hands of public authorities who have been in communication with Her Majesty, other members of the Royal Family or the Royal Household.

1.2 A list of current and recent members of the Royal Family appears as Annex A to this chapter and includes those individuals who hold or are entitled to hold the title of Majesty or Royal Highness, along with their spouses. The list will change over time, especially through marriage or birth. If an authority is in doubt as to whether someone should be included in the list (for example, not all those entitled to the title of Royal Highness may choose to use it) the Private Secretary to The Queen should be consulted.

1.3 The Royal Household is not defined in the Act. It should generally be taken to include those individuals who are authorised to act on behalf of a member of the Royal Family (eg their employees, servants or agents) in fulfilling of public, official and constitutional roles. It will clearly include members of the Private Offices of members of the Royal Family. Contractors who supply goods and services to the Royal Household (such as holders of royal warrants) do not form part of the Royal Household. In cases of doubt, Departments should consult the private office of the member of the Royal Family to determine the precise role performed by the individual concerned when he or she was in communication with the Department.

1.4 Certain members of the government Whips' offices in both Houses of Parliament are formally members of the Royal Household. (Senior government Whips in the Commons are designated the Treasurer and Comptroller of the Household; the Vice Chamberlain also serves as a Senior government Whip; Junior government Whips in the Lords are Lords and Baronesses in Waiting) Their activities as government Whips are not covered by this exemption.



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